| COLCHESTER DEVELOPMENT REGULATIONS | SUPPLEMENT 48 |
ACCESSORY DWELLING UNIT: A subordinate residential unit authorized by Title 24 VSA Section 4412(1) (E), does not consume allowable density on a parcel, and is further governed by these regulations.
ACCESSORY BUILDING: A building, the use of which is incidental to the principal use of the premise. Freight containers shall not constitute an accessory building.
ACCESSORY ON-FARM BUSINESS: Shall be defined as in 24 V.S.A. Section 4412.
ACCESSORY STRUCTURE: A structure, the use of which is incidental to the principal use of the premise.
ACTION SIGN: shall mean a sign or any portion thereof that moves, such as, rotating, revolving, moving up or down or any other type of action involving a change of position of the sign body or segment thereof, whether caused by mechanical or any other means.
ADDITION: An extension (enlargement) or increase in the area by extending on a side or by increasing in height the size of a building or structure.
ADMINISTRATIVE OFFICER: Zoning Administrator for the Town of Colchester.
ADJACENT: Either abutting or directly across the street.
ADULT ENTERTAINMENT: An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie theater, cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in the performance of their duties or material is available depicting person or persons in a state of nudity as defined herein.
AFFORDABLE HOUSING: Means either of the following:
(A) Owner-occupied housing for which the total annual cost of ownership, including principal, interest, taxes, insurance, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 120 percent of the highest of the following:
(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;
(ii) the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or
(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
(B) Rental housing for which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the highest of the following:
(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;
(ii) the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or
(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
AFFORDABLE HOUSING DEVELOPMENT: A housing development of which at least 20 percent of the units or a minimum of five units, whichever is greater, are affordable housing units. Affordable units shall be subject to covenants or restrictions that preserve their affordability for a minimum of 15 years or longer as provided in municipal bylaws.
AGRICULTURAL OPERATIONS: Accepted agricultural practices, including the construction of farm structures, as defined by the Vermont Secretary of Agriculture, Food and Markets or the Commissioner of Forests, Parks and Recreation under 10 V.S.A. Sections 1021(f) and 1259(f) and 6 V.S.A Section 4810. Agricultural Operations shall include necessary accessory uses such as packing, treating, and storing the produce. The operation of any such accessory use shall be secondary to that of the normal agricultural activity. Agricultural Operations shall exclude Silvicultural Operations (see definition herein)
ALLEY: Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
ALTERATION: Any change or rearrangement in the supporting members of an existing structure, such as bearing walls, columns, beams, girders, partition walls, or any enlargement to or diminution of a structure. An alteration shall also be any change, rearrangement, or reconfiguration, of the roof or exterior walls. An alteration also shall be the moving of a building or structure from one location to another.
ANIMAL SHELTER: An establishment where animals are provided with shelter prior to placement with a new owner or prior to euthanasia, typically operated by a non-profit organization. Such establishment may allow sales or placement of the animals under care, and may conduct on-site euthanasia but shall not be allowed to permanently dispose of euthanized animals on-site. Such establishment may have an educational component as an accessory use. Outside amenities such as dog runs are customary with this use.
ANIMATED SIGN: shall mean any sign lighted on an intermittent or flashing circuit or the movement of any light used in connection with any sign, such as, a blinking, traveling, flaring or changing degree of intensity.
APPURTENANCES: The visible, functional, or ornamental objects accessory to, and part of, buildings or structures. These include decks, porches, overhangs, and stairs. These are typically not considered finished spaces.
ARCHIVAL STORAGE: The indoor storage of records or documents in a particular order or filing system. Appointments are typically needed for retrieval.
ARTIST PRODUCTION STUDIO: An establishment for the application, teaching or performance of fine and /or visual arts such as, but not limited to, vocal or instrumental music, dance, or the creation of original handmade art or craft items. Accessory retail sales are customary. Artist production studio also includes graphic designers, desktop publishing, and recording studios but specifically excludes music halls, movie theaters, and theaters.
ATHLETIC FACILITY: An establishment for the conduct of sports and other recreational activities wholly within an enclosed building for the benefit of persons not residing on the lot on which the facility is located. Accessory uses or structures may include snack bars, locker rooms, and pro shops for the patrons of the primary use. Examples include but are not limited to public or private health clubs, tennis or other racquet courts, swimming pools, health or fitness centers, indoor play areas, training studios for group recreation activities such as martial arts, gymnastics, and dance, bowling alleys, shooting ranges, skating rinks, rock climbing walls, and billiard halls.
AUTOMOBILE: A car, truck, bus, plane, scooters, mopeds, motorcycle, or vehicle other than defined as equipment, marine or recreational vehicles herein. Wheelchairs and bicycles are not automobiles.
AUTOMOTIVE SERVICE & REPAIR: An establishment offering automotive maintenance and repair services. All work is not customarily conducted outside a fully enclosed building.
AUTOMOTIVE BODY WORK: An establishment providing the painting, fiberglass work, undercoating of automobiles, spray-bed-liners, or collision service such as body, frame, or fender straightening for automobiles. All work is not customarily conducted outside a fully enclosed building.
AUTOMOBILE SALES: An establishment engaged in selling or leasing of two or more automobiles where automobiles may be stored or displayed outside a fully enclosed structure.
AUTOMOTIVE ACCESSORY SALES: An establishment engaged in selling accessories for automobiles such as tires, sunroofs, stereo equipment, and decorative add-ons. Installation of automotive accessories may include applying of decals but shall not include painting, fiberglass work, spray-on bed-liners or other bodywork. This use does not have outside storage or outside installation.
AWNING: A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Construction of awnings shall be considered land development as defined herein.
BANK: A depository institution in which the majority of business conducted on-premise is related to walk-in customers (e.g., banks, credit unions, savings and loans). Walk-up automated teller machines may be provided within or outside the building. No drive-up facilities are allowed.
BANK, DRIVE-UP: A depository institution in which the majority of business conducted on premise is related to walk-in or drive-up customers (e.g., banks, credit unions, savings and loans). Walk-up or drive-up automated teller machines may be provided within or outside the building. Drive-up facilities are customary.
BANNERS: shall mean signs affixed to poles, wires or ropes, such as banners, pennants, streamers, wind operated propellers, string lighting or other similar advertising media, but not to include displayed flags of town, state or country or Prisoners of War flag attached to a building or pole.
BAR: An establishment for the sale or dispensing of alcohol by the drink for on-site consumption, where food may be available for consumption on the premises as accessory to the principal use, and where alcoholic beverages are available after 11:00 p.m. To differentiate a bar from a restaurant, bars are also classified as any establishment selling or dispensing alcohol after 11:00 p.m. A bar may have live music, karaoke, dancing, or recreational amenities.
BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE): The height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or average depth of the base flood, usually in feet, above the ground surface.
BASEMENT: A story in a building, the structural ceiling level of which is four (4) feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery of the building. (See diagram, Appendix B)
BASIC AMENITIES (for determining a seasonal dwelling unit) – Shall consist of a sewage system and water supply in full conformance with the Regulations for a year-round system, toilet, shower or bathtub, wall and ceiling insulation, year-round heating source, refrigerator and stove.
BED AND BREAKFAST: A dwelling unit, or portion thereof, with five or fewer guestrooms, where short-term lodging rooms and meals are provided for overnight guests. The operator of the bed and breakfast shall live on the premises. For the purposes of this definition, short-term shall mean up to one (1) week.
BEDROOM: Any room with a window and a closet, and which is physically separated from other rooms.
BERTH: A slip, mooring or space to accommodate a boat or vessel.
BILLBOARD: shall mean any structure bearing a sign which is not related to any business conducted on the property where the billboard is located.
BOARDING HOUSE: An establishment, other than a hotel, inn, motel, tourist court or lodging house, where not more than two (2) rooms are let and where meals may be regularly served by pre-arrangement for compensations. A boarding house is not open to transient guests, in contrast to hotels, restaurants and tourist homes, which are open to transients. The facility shall be licensed and operated in accordance with applicable law.
BUILDING: A structure designed to be used as a place of occupancy, storage or shelter.
BUILDING AREA: The portion of a lot remaining after required yards have been provided.
BUILDING COVERAGE: The part or percent of the lot occupied by buildings or structures including accessory buildings.
BUILDING ENVELOPE: The area delineated on an approved final plat plan of a project as meeting the approved minimum setbacks from lot lines, natural features, and any other restricted areas such as planned unit development buffers. All principal buildings and septic systems, shall occur within the building envelope.
BUILDING HEIGHT: The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof. (See Figure II in Appendix B: General Provisions Diagrams)
BUILDING LINE: A line formed by the face of a building. (See diagram, Appendix B)
BUILDING, PRINCIPAL: The primary building on a lot or the building that houses the principal use.
BUSINESS SERVICE: Establishments primarily engaged in rendering services to businesses on a fee or contract basis. Examples include but are not limited to advertising and mailing, building maintenance, employment service, management and consulting service, protective service, commercial research, photocopy facilities in which majority of business conducted on premise is related to walk-in customers, and personal supply service.
BUS STATION: Establishments engaged primarily in furnishing local, statewide and interstate bus service, passenger service, charter service, and terminal. Roadside bus stops shall be excluded from this use. A bus station customarily has an associated structure with accessory retail.
CAMPGROUND: Any lot occupied for vacation or recreational purposes by more than three (3) automobile trailers, campers, recreational vehicles, tent sites or temporary cabins. A campground includes non-commercial (no charge, no service) and commercial operations. A mobile home used as a residence is considered to be a dwelling and this definition is not applicable.
CAMPGROUND, PRIMITIVE: Any lot occupied by more than three (3) tent sites (for a brief period) for vacation or recreational purposes. Bathhouses or outhouses are customary at a primitive campground whereas laundry facilities and retail uses are not customary. A primitive campground includes non-commercial (no charge, no service) and commercial operations.
CANOPY: shall mean structures comprised of a fabric and frame attached to a building or a freestanding fabric (or other similar material) and frame that is attached to a building, which structures are used for seasonal and/or advertising purposes, and may or may not contain graphics or sign information for a particular establishment.
CAR WASH: An establishment for washing automobiles, whether by automatic device or self-service.
CELLAR: Any space in a building, the structural ceiling level of which is less than four (4) feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar should not be considered in determining the permissible number of stories. (See diagram, Appendix B)
CEMETERY: A lot or establishment for the interring of the dead.
CIVIL DEFENSE OPERATION: A lot or establishment utilized by the Federal government for, or in conjunction with, defensive or offensive military operations. The military, as referred to herein, shall include all Federal branches of the military and the Coast Guard. Dormitories, warehouses, cafeterias, and outdoor storage are customary accessory uses.
COLISEUM: A structure designed to seat or accommodate more than 1,000 people for spectator sports, exhibitions, and cultural events.
COMMERCIAL GREENHOUSE (S): An establishment (retail and/or wholesale) comprised of enclosed glass or plastic structure(s) and sales outlet for the cultivation and sale of tender plants (such as flowers and vegetables). Commercial greenhouses with on-site sales shall have frontage along and primary access from a public road. Commercial greenhouse operations shall require a minimum lot size of five (5) acres.
COMMERCIAL VEHICLE: A vehicle used for business purposes including but not limited to a vehicle which carries goods, equipment or passengers for hire. Vehicles, which display advertising (other than identification of the vehicle’s manufacturer, make or dealer), shall be considered commercial vehicles.
COMMUNITY CENTER: A government owned establishment or lot used for recreational, social, educational, and cultural activities that is open, partially or fully, to the public, including senior centers and teen-centers, schools and cultural facilities.
COMMUNITY SEPTIC: For the purposes of determining density and minimum lot size per Table A-2 herein, a community septic system shall be defined as a septic system that serves more than one dwelling unit.
CONDITIONAL USE: A use that is allowed in a particular district only after review and approval by the Development Review Board per 24 V.S.A. Sections 4414(3) and 4464 under Article Eight herein and subject to specific standards of the particular district.
CONGREGATE HOUSING: Housing that provides facilities and services specifically designed to meet the physical or social needs of older persons and which at least 90% of units are occupied by older persons, defined as age 55 and older. Significant facilities and services, along with other restrictions and expectations, are set forth in Chapter 9.07. Congregate housing shall include assisted living residences as defined in 33 V.S.A. Section 7102
CONSTRUCTION SIGN: shall mean any sign erected on a project site prior to or during a construction project.
CONTRACTOR’S YARD: An establishment engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or where persons such as agents or brokers, buy merchandise for or sell merchandise to such individual, users, or companies. A contractor’s yard is typically a wholesale trade operation, but may also have retail trade or have some portion allocated to retail trade. Typical uses include lumber yards, mill work yards, and stone or masonry yards. Outside storage is customary. This is a use that customarily requires periphery screening.
CONTRACTOR’S YARD, LANDSCAPE: An establishment that is engaged in rendering landscaping services to individuals on a fee or contract basis and/or that sells landscape materials such as but not limited to mulch, fencing, and stone. A landscape contractor’s yard is typically a wholesale trade operation, but may also have retail trade or have some portion allocated to retail trade. Outside storage is customary. This is a use that customarily requires periphery screening.
CONVENIENCE STORE: A retail store designed and stocked primarily to sell food, beverages, and other groceries to customers containing less than 3,000 square feet of Floor Area, Gross. A convenience store may include gasoline sales as provided in Appendix Table A-1, the table of permissible uses herein.
CORRECTIONAL FACILITY: A place of confinement for persons held in the penal custody of a municipality, state, or federal entity. A correctional facility may also provide facilities for the treatment and rehabilitation of persons convicted of criminal acts. Facilities that include treatment and rehabilitation services customarily include dormitories, recreational amenities, educational facilities, cultural amenities, manufacturing and processing, accessory office space, cafeterias, and clinics.
CREMATORIUM: An establishment where waste or human remains are burned in a furnace. All crematoriums shall follow State of Vermont protocol, licensing and all other applicable regulations.
CULTURAL FACILITY: An establishment that documents the social and religious structures and intellectual and artistic manifestations that characterize a society including libraries, museums, art galleries, and botanical and zoological gardens of a natural, historic, educational, or cultural interest. This use customarily includes associated educational and instructional activities and accessory retail space.
CUT-OUT LETTERS: shall mean letters, numbers, emblems and symbols which are detached or separately molded from the material from which they were made.
DAY CARE FACILITY, HOME-BASED: A state registered or licensed family child care home serving six (6) or fewer children as referenced in 24 V.S.A. Section 4412(5) as amended from time to time. A home-based day care facility shall be considered to constitute a permitted single-unit residential use of the property.
DAY CARE FACILITY, INTERMEDIATE: A state registered or licensed family child care home serving no more than six (6) children full-time and four part-time children as referenced in 24 V.S.A. Section 4412(5) as amended from time to time. An intermediate day care facility shall be subject to site plan approval.
DAY CARE FACILITY, LARGE: An establishment operated as a business or service on a regular or continual basis, whether for compensation or not, to provide care, protection, supervision and/or education for children under the age of 16 outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent, guardian or relative. A day care facility that is not registered or licensed by the state or serves seven (7) or more children full-time or more than ten (10) children combined shall constitute a large day care facility. A large day care facility excludes home-based and intermediate day care facilities. This definition encompasses facilities generally known as child care center, day care center, pre-school, nursery school, and similar programs and facilities for infants and children, but does not include schools as defined herein. All centers shall be licensed and operated in accordance with applicable law.
DEGREE OF ENCROACHMENT: The linear infringement into the ‘Lakeside Zone’ (100 ft as illustrated in the Vermont Shoreland Protection Act handbook) by the closest point of the existing, nonconforming primary structure, AND the square footage of the footprint of this same structure within this ‘Lakeside Zone’. Conversion of appurtenances in lawful existence at the time of application to new finished space shall be considered as increased encroachment, whereas replacement of same total square footage of appurtenances shall not. This definition shall only pertain to Section 7.03 Shoreland District and is illustrated in Appendix B, figure IIX, herein.
DEVELOPMENT: Any human-made change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials and all other activities as defined in 44 CFR 59.1 and in the definition of Land Development as defined herein. This definition shall only pertain to Section 6.03, Flood Plain District, herein.
DEVELOPMENT REVIEW BOARD (DRB): An appropriate municipal panel as authorized under the Vermont Municipal and Regional Planning and Development Act, Title 24 V.S.A. Section 4460.
DOCK: A wharf, pier, or other structure that allows passage from the shore, whether floating or not, including all “els”, “T”s or posts which may be a part thereof whether fixed or adjacent to the principal dock structure.
DIRECTIONAL SIGN: shall mean a sign not exceeding three (3) square feet and with lettering not exceeding six (6) inches in height, designed to direct and inform the public as to the location of exits, entrances, service areas, loading and unloading areas, or similar wording of an informational nature. Logos, business names, and commercial messages shall be prohibited on directional signs.
DIRECTORY SIGN: shall mean a freestanding sign erected at an entrance to one property or multiple properties served by a common curb-cut and listing those businesses, organizations or entities at that location.
DISTRIBUTION FACILITY: An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle. A distribution facility may include a truck terminal but shall not include truck repair.
DISTRICT: A part, zone, or geographic area within the municipality within which certain zoning or development regulations apply. These districts shall include and be limited to those listed in Section 2.01 herein.
DORMITORY: A residential building used as group living quarters for a school use listed under Section Five of the Table of Uses herein. A dormitory shall not exceed 14,000 gross square footage in size.
DRIVE-UP: An establishment which by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services or goods while remaining in their vehicles. The drive-up use may be the principal or accessory use on a lot.
DRYCLEANER: See Laundromat.
DWELLING, DUPLEX: A detached residential building containing two (2) dwelling units within the same building, and neither unit is an Accessory Dwelling Unit.
DWELLING, MOBILE HOME: A detached dwelling unit designed for transportation on streets or highways, on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A mobile home is designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems. A travel trailer is not considered as a mobile home.
DWELLING, MODULAR: A dwelling unit constructed in accordance with the codes and standards set forth in Chapter Four of the Colchester Code of Ordinances for site-built homes, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. This definition shall include manufactured homes.
DWELLING, MULTI-UNIT: A building that contains three or more dwelling units in the same building.
DWELLING, SEASONAL: A dwelling unit that is not approved for year-round occupancy or that lacks one or more of the basic amenities or utilities required for year-round occupancy. A summer seasonal dwelling is occupied from April 1st through October 31st. A winter seasonal dwelling is occupied from November 1st through March 31st.
DWELLING, SINGLE UNIT: A detached residential building that has one dwelling unit.
DWELLING, TEMPORARY EMERGENCY, CONSTRUCTION, OR REPAIR: A residence (which may be a mobile home) that is: (i) located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster and occupied by the persons displaced by such disaster, or (ii) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed, or (iii) persons having construction or security responsibilities over such construction site.
DWELLING UNIT: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single household.
DWELLING, YEAR-ROUND: A dwelling unit continuously occupied from January 1st through December 31st.
EASEMENT: The authorization of a property owner for the use by another, and for a specific purpose, of any designated part of his/her property.
EMERGENCY SHELTER: Any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and that does not require occupants to sign leases or occupancy agreements.
EQUIPMENT, LARGE: Construction equipment including cranes, bucket-loaders, bulldozers, agricultural equipment, recreational vehicles and other equipment intended to be operated under its own power. Large equipment excludes automobiles and marine vehicles.
EQUIPMENT, SMALL: Lawnmowers, utility trailers, hand tools, all-terrain vehicles, golf carts, snowmobiles, lawn maintenance machines, snow maintenance machines, audio-visual equipment, and other similar equipment. Small equipment excludes automobiles and marine vehicles and associated accessories.
ESSENTIAL SERVICES, COMMUNITY: The erection, construction, alteration or maintenance of structures, generating or processing plants, gas plants, bus stops, transportation infrastructure, water tanks, gas lines, distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, pumping stations, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or local, state, or federal governmental agencies or for the public health or safety or general welfare intended to service more than 25% of Colchester’s population or acreage or a population or acreage outside of the Town of Colchester.
ESSENTIAL SERVICES, NEIGHBORHOOD: The erection, construction, alteration or maintenance of structures, generating or processing plants, bus stops, transportation infrastructure, distribution systems, including poles, wires, mains, drains, gas lines, sewers, pumping stations, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or local, state, or federal governmental agencies or for the public health or safety or general welfare of a specific location.
ESTABLISHMENT: A business, firm, club, institution, or residence, including its members, occupants, possessions, or employees.
EVENT FACILITY: A facility that primarily functions to host business or social gatherings that typically consists of one or more multi-purpose meeting rooms, kitchen facilities and/or recreational facilities that are available for use by various private groups for conferences, meetings, parties, weddings, receptions, reunions and similar group functions.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the initial floodplain management regulations adopted by Colchester. This definition shall only pertain to Section 6.03, Flood Plain District, herein. This definition shall also include Mobile Home Park as defined herein.
EXPANSION TO AN EXISITNG MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing lots on which the manufactured homes are to be affixed (including the installation of utilities, the constructions of streets, and either final site grading or the pouring of concrete pads). This definition shall only pertain to Section 6.03, Flood Plain District, herein. This definition shall also include Land Development as defined herein.
FCC: Federal Communications Commission. The federal government agency responsible for regulating telecommunications in the United States.
FENCE: Any material or combination of materials erected to enclose, screen, or separate areas of land.
FINAL SUBDIVISION PLAT - The final drawings on which the subdivision is presented to the Board for approval and which, if approved, shall be filed for record with the Town Clerk.
FINANCIAL INSTITUTION: An establishment in which financial, pecuniary, fiscal, or monetary services are made available to the public, including but not limited to non-depository institutions (e.g., credit agencies, loan brokers), holding companies (but not predominantly operating companies), depository institutions where the majority of business conducted on premise is not related to walk-in or drive-up customers (e.g., banks, credit unions, savings and loans), other investment companies, brokers and dealers in securities and commodities contracts, and security and commodity exchanges.
FIRING RANGE, INDOOR: A facility providing a place for the discharge of various types of firearms or the practice of archery within a fully enclosed building. An indoor firing range is not considered to be: 1) target practice by individuals on property owned the individuals; 2) sighting of weapons for purposes of hunting; 3) or the taking of animals as defined by 10 V.S.A. Chapter 101, Section 4001. All firing ranges shall comply with the provisions of Colchester Code of Ordinances Chapter Nine. All firing ranges should generally be constructed in accordance with Section One Chapter One of the National Rifle Association Range Source Book.
FIRING RANGE, OUTDOOR: A facility providing a place for the discharge of various types of firearms or the practice of archery outside a fully enclosed structure. An outdoor firing range is not considered to be: 1) target practice by individuals on property owned the individuals; 2) sighting of weapons for purposes of hunting; or 3) the taking of animals as defined by 10 V.S.A. Chapter 101, Section 4001. All firing ranges shall comply with the provisions of Colchester Code of Ordinances Chapter Nine. All firing ranges should generally be constructed in accordance with Section One Chapter One of the National Rifle Association Range Source Book.
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood related erosion hazards.
FLOOD PLAIN: That land which would be subject to flooding by the 100 year flood or that flood which would have a 1% chance of occurring each year – Zone A on the Flood Boundary and Floodway Map.
FLOOD PROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point.
FLOODWAY, REGULATORY IN THE TOWN OF COLCHESTER: See Floodway.
FLOOR AREA, GROSS: The gross area of all floors of all principal and accessory buildings on a lot, measured from the exterior face of the exterior walls, or in the case of a common wall separating two buildings, from the center line of such common walls. Gross floor area shall include such features as porches, balconies, breezeways, walkways, and raised platforms.
FOOTPRINT: The area encompassed by a structure’s outer foundation wall at ground level, excluding appurtenances, as defined in these regulations. Where specifically noted in these regulations, more specific regulations may apply, including for non-conforming structures [§2.12-D] and for structures within the Shoreland District [§7.03].
FOOTPRINT LOT: A lot created through the Planned Unit Development subdivision permit process that is generally designed to be contemporaneous with the footprint of a building or a portion of a building. A footprint lot is a form of ownership and conveyance but shall not be recognized for the purposes of zoning included but not limited to lot coverage maximums, setbacks, frontage, etc.
FRONTAGE: That boundary of a lot which abuts on a public street or way. The Interstate and Circumferential Highway rights-of-way and public waters shall not be considered frontage.
FLORESCENT COLORS: shall mean colors that reflect not only their own color, but also convert the shorter wave lengths into radiant energy causing them to appear 3 to 4 times as bright as ordinary color. These colors do not reflect light toward its source in the intense manner that reflectorized materials do, but rather in an amount similar to a white painted surface.
FREE-STANDING SIGN: shall mean a sign detached from any building.
FUNERAL HOME: An establishment for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GARAGE, AUTOMOBILE PARKING: This use may be a structured parking garage or a parking lot that is publicly or privately operated. Parking shall be open to the general public for parking with or without an associated fee. Parking may not necessarily be located on a lot on which there is another principal use to which the parking is related.
GARAGE, PRIVATE: An accessory structure for parking or storage of not more than that number of vehicles as may be required in connection with the permitted use of the principal building or structure.
GARAGE, PUBLIC: A structure owned or operated by a local or state government used primarily for the parking, storing, and servicing of vehicles. Vehicle servicing within a fully enclosed building and gasoline storage and dispensing are customary. Storage of sand, salt, and materials employed in municipal or state maintenance of infrastructure and municipal services is customary.
GASOLINE SALES: An establishment engaged in selling or dispensing motor fuels directly to users of motor vehicles. This use does not customarily have outside storage.
GREEN STORMWATER INFRASTRUCTURE: Stormwater management systems and practices that restore and maintain natural hydrologic processes in order to reduce the volume and water quality impacts of the built environment while providing multiple societal benefits.
GREENING: Retrofitting previously developed sites to improve their environmental and aesthetic performance by introducing green space, infrastructure and buildings through measures such as providing generous landscaped areas with good quality soil, planting trees, managing stormwater on-site, reducing the urban heat island effect, enhancing pedestrian and bicycle circulation, and using sustainable materials and technologies.
GROOMING FACILITY: An establishment in which more than four (4) dogs, cats, or other domesticated animals are groomed, washed, or otherwise cleaned for a fee or compensation a day.
GROUP QUARTERS: A dwelling that houses individuals who are unrelated by marriage, blood, adoption, fosterage, or guardianship in a group living arrangement of intentionally structured housing by an organization or institution. This definition excludes dormitories.
HALFWAY HOUSE: An establishment intended to provide for transitional group living arrangements for persons discharged from hospitals, prison mental institutions or other similar facilities, or in lieu of hospitalization or imprisonment, characterized by the presence of live-in staff, emphasizing the development of skills necessary for more independent living and shall be licensed and operated in accordance with applicable law. Halfway homes shall have a clearly stated maximum occupancy.
HAZARDOUS MATERIALS: Any substance or combination of substances of a solid, liquid, gaseous or semi-solid from which may be explosive, flammable, toxic, acidic, corrosive, caustic, pathogenic or radioactive and are present in sufficient quantity or combination thereof or are being handled, stored, manufactured, processed, transported or disposed of in such a manner that it can be reasonably assumed such conditions constitute a peril to buildings, structures, or the general public.
HIGHWAY, ARTERIAL: Major thoroughfares that carry traffic between communities; to include Routes 2A, 2, 7, 15 and I-89, Circumferential Highway (Vermont Route 289).
HIGHWAY, COLLECTOR: Roads or streets that carry the major internal traffic of the community and which link trip origin and arterial highways. These highways include all those listed in Section 2.05 herein.
HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs.
HOME BUSINESS: An occupation carried on within a dwelling unit which is incidental and secondary to the primary use of the building for dwelling purposes
HOME OCCUPATION: An occupation carried on within a dwelling unit which is incidental and secondary to the primary use of the building for dwelling purposes, is not visible or noticeable in any manner or form from outside the walls of the dwellings, and which does not change the character thereof which it may employ up to two (2) on-premises employees who are not residents of the dwelling. At least one person involved in the business shall be a resident of the dwelling. Automotive repair and automotive accessory installation are not home occupations.
HOSPICE CARE HOME: An establishment that provides skilled symptom management and supportive nursing care by licensed medical staff for terminally ill patients with the expected prognosis of six months or less. This definition shall include facilities for the terminally ill as provided for in 33 V.S.A. Section 7102.
HOSPITAL: A licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions requiring medical treatment, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, and training facilities. Hospitals customarily include the retail sale of pharmaceuticals and medical supplies an accessory use.
HOTEL: An establishment in which (a) living or sleeping accommodations are primarily for transient occupancy on a daily basis for compensation available to the general public, and (b) one or more common entrances serve all such living or sleeping units. Hotel services may include 24 hour desk service, housekeeping, or other similar services. Permitted accessory uses include restaurants or other public dining facility, bars or lounges, public banquet halls, ballrooms, meeting rooms, pools, and recreational facilities customary to such use.
HOTEL, EXTENDED STAY: A residential hotel containing small furnished apartment type units rented on a short term basis usually each with a kitchen, bath, living space and separate bedroom/sleeping space. Hotel services may include a common area, business support facilities, guest only breakfast facilities, lobby, or recreation space and amenities. Hotel services shall exclude public restaurant(s), cocktail lounge(s), or banquet meeting rooms containing more than fifty (50) seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom. Units must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant for more than one hundred eighty (180) days in any three hundred sixty-five (365) day period.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of materials so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, gravel, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
INCIDENTAL SIGN: shall mean a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "loading only", "telephone", or other similar directives. Incidental signs do not contain commercial messages. Traffic warning signs such as "Stop" or "Right Turn Only" or entrance signs such as "enter" or "exit" shall not be considered incidental.
INN: An establishment containing at least 6 rooms, but no more than 20 (twenty) rooms for living or sleeping accommodations primarily for transient occupancy for compensation available to the general public. No more than 40% of the rooms may contain typical apartment type furnishings such as a kitchen, bath, living space and separate bedroom. Units must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant for more than thirty (30) days in any three hundred sixty-five (365) day period. An inn shall offer services typical to the use, including at least 12 hours per day of on-site registration and similar hosting services, as well as housekeeping. Inns shall provide for at least one indoor common area available to all guests and of sufficient size, attraction, and usability, such as a dining area, lounge, game room or library. Permitted accessory (and clearly incidental) uses include restaurants or other public dining facility, bars or lounges, meeting rooms, pools, and recreational facilities customary to such use.
JUNK MOTOR VEHICLE: A discarded, dismantled, wrecked, scrapped, inoperable, unregistered, or ruined automobile, equipment, marine vehicle, or recreational vehicle or parts thereof.
KENNEL: An establishment used for the breeding, training, sale, or boarding of more than four (4) dogs, cats, or other small domestic animals belonging to a person or persons other than the owner of the lot. Kennel use includes pet daycare but does not include a veterinary clinic or animal shelter or sale of general merchandise. Kennels customarily have outside amenities such as dog runs. A kennel shall follow State of Vermont protocol, licensing and all other applicable regulations.
LAND DEVELOPMENT: The division of a lot into two or more lots, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building, sign, or other structure; any of any mining, excavation, or landfill, and any change in the use of any building or structure, or land, or extension of the use of land. This includes the definition of Development herein.
LANDFILL, RECLAMATION: A lot previously used for disposal and depositing of refuse and earth or other suitable cover material. The lot may be adapted for alternative uses in accordance with all applicable Federal, State, or Municipal rules and regulations.
LANDFILL, SANITARY: A lot for solid waste disposal in which the solid waste is spread in thin layers, compacted to reduce its volume, and covered with earth at the end of each working day. The site shall be operated in accordance with all applicable Federal, State, or Municipal rules and regulations.
LANDSCAPE CONTRACTOR’S YARD: See CONTRACTOR’S YARD, LANDSCAPE
LAUNDROMAT: An establishment providing washing, drying, or dry-cleaning machines for the cleaning of clothing, linens, or fabric on the premises.
LEGISLATIVE BODY - Means the Selectboard of the Town of Colchester.
LIGHTING FIXTURE: A lighting fixture is an assemblage of ballast, lamp receptacles, wiring, reflectors, refractors, prisms, lenses, etc., all contained within a single housing or casing, and designed to be mounted as a single unit. A fixture may be designed to accept one or more lamps. One or more fixtures may be mounted to a single support.
LOT: The plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise permitted by law of a size sufficiently large to lawfully construct a principal building or a group of such buildings and accessory buildings, or of a size sufficiently large to lawfully be utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by these regulations herein. Lot boundaries are (A) established by a deed or deeds recorded in the land records of the Town of Colchester; or (B) shown on a plat approved by the Colchester Development Review Board pursuant to Colchester Subdivision Regulations, provided such approval has not expired. The definition of the term “lot” shall not include any portion of a dedicated right-of-way or areas of land appended to a lot by leasehold, license, or otherwise, except by boundary line adjustments approved by the Town.
LOT AREA: A total horizontal area within the lot lines of a lot.
LOT, CORNER: A lot located at the intersection of two or more streets or abutting a curved street in such a way that the front building line meets either side lot line at interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner. A corner lot shall be deemed to have two front yards and two side yards and no rear yard.
LOT COVERAGE: The part or percent of the lot occupied by buildings or structures, including accessory buildings, structures, driveway, vehicle travel lanes, sidewalks, designated storage areas including storage areas for boats, trailers, other vehicles and off-street parking areas, and all impervious areas. Green stormwater infrastructure, as defined herein, shall not be considered lot coverage.
LOT DEPTH: The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these lines.
LOT LINES: The lines bounding a lot as defined herein.
Front Lot Line: The line separating said lot from the street, public road, public way or required setback of the Shoreland District.
Rear Lot Line: The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten (10) ft. long lying farthest from the front line and wholly within the lot.
Side Lot Line: Any lot lines other than the front lot lines or rear lot lines.
LOT, INTERIOR: Any lot other than a corner lot with frontage only on one street, public road, or public way.
LOT OF RECORD: A parcel of land, the dimensions of which are shown on a duly recorded plat on file with the Town Clerk.
LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
LOWEST HORIZONTAL MEMBER: The lowest point of a structure or building including but not limited to machinery, equipment, and building systems.
LUMBER YARD: See contractor’s yard.
LUMINESCENT: shall mean any lighting of a sign, produced by the action of electricity in an enclosed gas, such as neon and argon.
LUMINOUS MATERIAL: shall mean a material that stores light and glows in the dark. The glow can be described as a weak soft light.
MANUFACTURED HOME: A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. This definition shall only pertain to Section 6.03, Flood Plain District, herein. This definition does not include Recreational Vehicle as herein defined. This definition shall also include Dwelling, Mobile Home; and Dwelling, Modular.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. This definition shall only pertain to Section 6.03, Flood Plain District, herein. This definition shall also include Mobile Home Park as defined herein.
MANUFACTURING: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacture of products, and the blending of materials. Storage inside a fully enclosed building and shipment processes related to the manufacturing use are customary.
MANUFACTURING, SMALL-SCALE: the custom manufacturing of certain products in limited quantities for distribution primarily to a local or regional market; including but not limited to: confections and other custom made food and beverage items, furniture, candles, and similar products, utilizing a space no larger than 5,000 square feet and provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building. This use does not include automotive or small engine repair, slaughterhouses, or similar activities. Retail sales items manufactured on-site and a short order restaurant may be accessory uses.
MARINA: Any shoreline property used to provide one (1) or more of the following:
A Marina shall require 150 feet of shoreline frontage. Any Marina that accommodates boats with sleeping facilities shall also provide for on-shore based facilities for pumping and / or disposal of wastes. A Marina shall not interfere with or prevent use of adjacent shoreland property or its access to and from the water. A Marina shall be compatible with adjacent land uses and shall not be a source of nuisance by reason of noise or fumes. A marina includes the accessory uses defined under the following categories of Appendix A of the Development Regulations: 2.130 Retail Sales; 2.140 Retail Food Establishment; 2.300 Marine Sales; 2.640 Marine Rental; 5.500 Social Clubs; and 9.250 Marine Storage Outside; and 9.260 Marine Storage Inside.
MARINE ASSOCIATION, RESIDENTIAL: Any commonly held shoreline property which is a common element of or an appurtenance to a residential development on the same or adjacent property that:
A Residential Marine Association shall require 150 feet of shoreline frontage. Any association that accommodates boats with sleeping facilities shall also provide for on or off-shore based facilities for pumping and / or disposal of wastes. A Residential Marine Association shall not interfere with or prevent use of adjacent shoreland property or its access to and from the water. A Residential Marine Association shall be compatible with adjacent land uses and shall not be a source of nuisance by reason of noise or fumes.
MARINE SALES: An establishment engaged in selling, renting or leasing of boats and watercraft. Boats and watercraft may be stored on the site that is for sale, rent, or lease. This use customarily has outside storage but does not include the winter storage of boats and watercraft that are not for sale, rent, or lease. This use includes accessory retail sales of marine equipment.
MEAN WATERMARK: The terms “mean water mark”, “mean water level”, and “normal mean water mark” is considered to be one and the same. For Lake Champlain the mean watermark has been established as 95.5 ft above mean sea level. For Colchester Pond the mean watermark has been established as the elevation of the spillway for a mean water level of 383.0 ft. above mean sea level. For the Winooski River and Lamoille River the mean water mark shall be as determined by the property owner and the Town’s Administrative Officer based on data published by the U.S. Army Corps of Engineers “Flood Plain Information”.
MEMORIAL SIGN: shall mean a monument, tablet, plaque or similar structure memorializing a person, event, building or site.
MENTAL HEALTH FACILITY: An establishment that has the primary focus of providing licensed, skilled, full-time care and related services for patients with mental health problems. The facility may provide extended and/or intermediate care for those who by reason of mental condition need acute, chronic, or convalescent care. Patients include both at will and not at will admissions. Mental health facilities shall also include therapeutic community residences as defined in 33 V.S.A. Section 7102.
MINI-STORAGE: A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Mini-Storage shall not include outside storage or archival storage. Only the storage of goods, materials, and merchandise is allowed within mini-storage structures. Perimeter fencing is customary.
MINING OPERATIONS: The excavation or extraction of sand, gravel, clay, slate, marble, granite, other stone material or rock, or any other earth product for commercial purposes. Mining operations shall include borrow pits and quarrying operations. On-site sales are customary. Structures are not customary.
MOBILE FOOD UNIT: A short-order restaurant establishment that is open for business usually seasonally and capable of being driven or towed off-site without much difficulty. Food is customarily consumed off premise. Outdoor seating, when permitted in accordance with the regulations herein, may consist of benches and chairs that are not permanently affixed to the ground Mobile food units are customarily operated between 10AM and 9PM and are usually removed from the premise between November 1st and March 31st. Restrooms are not customarily provided in conjunction with the mobile food unit use. All accessory items, such as dumpsters, are customarily removed from the premise when the mobile food unit is removed.
MOBILE HOME PARK: A lot upon which two (2) or more mobile homes are parked and occupied for living purposes. All mobile home parks shall be reviewed as Planned Residential Developments as per Article Nine. All mobile home parks shall also be reviewed, evaluated, and subject to the requirements of Title 10 of Vermont State Statues, Chapter 15 entitle “Mobile Home Parks” as modified from time to time.
MOBILE HOME SALES: An establishment engaged in selling, renting or leasing of mobile homes. Mobile homes may be stored on the site without fixed foundations. Mobile homes stored on site shall not be occupied. Mobile homes sales include accessory office space and customarily includes outside storage.
MOTEL: An establishment which (A) contains six or more rooms containing living and sleeping accommodations used primarily for transient occupancy to the general public on a daily basis for compensation, with the exception of the manager's or caretaker's unit, and (B) has convenient access to parking spaces for the use of the unit's occupants by way of separate entrances or groups of separate entrances, outside the main building, into the individual units.
MOVIE THEATER: An establishment that shows picture films to the general public.
MULTIPLEX, SMALL: A single, detached, multi-unit residential building that includes three or four dwelling units on a single lot with shared front, side, and rear yards, as well as shared parking. A small multiplex shall be considered a multi-unit dwelling as defined herein.
MUNICIPAL OR PUBLIC FACILITIES: These facilities are generally public facilities owned by the Town of Colchester, the State of Vermont, the United States Government, Colchester Fire Districts, or utility companies such as the Champlain Water District, Green Mountain Power and VELCO. Specifically excluded from municipal facilities are: replaced infrastructure; parks and natural areas; cemeteries; public garages; town halls; community centers; police and fire stations; rescue squads and ambulance services; extensions of sidewalks and paths, storm drainage or stormwater facilities; extensions of utilities to a single residential or commercial unit; temporary structures; and facilities required in response to emergency situations ; the Town may only regulate such facilities to the extent permitted by 24 V.S.A. § 4413 as may be amended from time to time.
MUNICIPALITY - Town of Colchester.
NAME PLATE SIGN: shall mean any sign not more than one (1) square foot in area used to identify the owner or owners of a private residence.
NATIONAL GUARD CENTER: An establishment or lot utilized by the State government for, or in conjunction with, defensive or offensive military operations. The military, as referred to herein, shall include all branches of the National Guard and all branches of the Federal military reserves. Dormitories, warehouses, cafeterias, or outdoor storage are customary accessory uses.
NEW CONSTRUCTION: structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by the Town and includes any subsequent improvements to such structures. This definition shall only pertain to Section 6.03, Flood Plain District, herein.
NEW MANUFACTURED HOME PARK OR NEW MANUFACTURED HOME SUBDIVISION: A manufactured home park or manufactured home subdivision for which the construction is completed after the effective date of the floodplain management regulations as herein adopted in Section 6.03. This definition shall only pertain to Section 6.03, Flood Plain District, herein. This definition shall also include Land Development as defined herein.
NIGHT CLUB: A bar or restaurant that charges for admission for entertainment.
NON-CONFORMING LOT: A lot or parcel that does not conform to the present bylaws covering dimensional requirements but were in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws; including a lot or parcel improperly authorized as a result of error by the Administrative Officer.
NON-CONFORMING SIGN: shall mean a sign which does not comply with this Ordinance as amended, but did comply with all applicable laws, ordinances, and regulations prior to the enactment of the sign ordinance, or if applicable, an amendment of said Ordinance.
NON-CONFORMING STRUCTURE: A structure or a part of a structure that does not conform to the present bylaws but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws; including a structure improperly authorized as a result of error by the administrative officer.
NON-CONFORMING USE: A use of land or structure that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws; including a use improperly authorized as a result of error by the Administrative Officer.
NUDITY: Full or partial revelation of a person’s breast or genitals. Partial revelation shall be as so as to be distinguishable to the eye.
NURSING CARE HOME: An establishment providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than five persons.
NURSING CARE INSTITUTION: An establishment that provides licensed, skilled, full-time nursing care and related services for patients who require medical, nursing, and/or rehabilitative services. The institution shall provide extended and/or intermediate care for those who by reason of advanced age, illness, infirmity, or mental impairments need acute, chronic, or convalescent care. Such institution shall also be known as a nursing home as per 33 V.S.A. Section 7102, convalescent facility, or long-term care facility.
OFFICIAL MAP: The legally adopted Official Map of the Town of Colchester pursuant to section 4421 Title 24 VSA Chapter 117, as amended.
OFFICE, GENERAL: An establishment for conducting the affairs of a business, profession, service, industry, or government, or like activity, that may include ancillary services for employees and visitors such as a restaurant or coffee shop, and newspaper/candy stand as permitted by these Regulations. This may also be known as a professional building. Building occupancy may be limited to one tenant or more tenants and/or the building’s owner.
OFFICE, MEDICAL: An establishment where human patients are examined and treated by doctors, dentists or other medical professionals but not hospitalized overnight. Medical office may include as an ancillary use the assembly, fitting, testing and sale of products directly related to the medical service provided in the same establishment.
OFFICE, MEDICAL CLINIC: An ambulatory care facility where human patients are examined and treated customarily on a walk-in, out-patient basis, but where no overnight hospitalization is provided.
OPEN SPACE: Any area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space. Open space includes informal recreational uses, habitat preservation, scenic vista or landscape protection.
ORPHANAGE: An establishment licensed by the State of Vermont to serve as an orphanage for children or young adults.
PARAPET WALL: means a low wall along the edge of a roof, and being a portion of the wall which extends above the line of the roof, with the exterior to the extension forming a continuous plane with the wall below.
PERSONAL SERVICES: An establishment providing services involving the care of a person or his or her apparel, such as barber, hairdresser, beauty or nail salon, shoe shine or repair, day spa, photographic studio, or seamstress. Personal service shall not include establishments providing tattoo, body piercing services or medical.
PLANNED RESIDENTIAL DEVELOPMENT: A planned unit development exclusively for residential use.
PLANNED UNIT DEVELOPMENT: An area of land controlled by one or more landowners to be developed as a single entity, the plan for which may propose any combination of density or intensity increases, or the mixing of land uses, and which need not correspond to bylaw requirements that are otherwise applicable to the area in which it is located with respect to lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards.
PLATE LINE: shall mean the point at which any part of the roof structure first touches, or bears upon, an external wall.
POOLHOUSE: A poolhouse is accessory to a pool. It is located within 15 feet of the pool therefore not subject to the setback from a primary building within Section 2.09A(4) herein. A poolhouse shall be sized to accommodate mechanical equipment and accessory storage for a pool.
POST OFFICE: An establishment providing the services of the United States Postal Service to the general public through retail services. A post-office as defined herein shall exclude distribution facilities and similar facilities that do not primarily serve walk-in customers through retail services.
PLAT: A plan prepared by a licensed surveyor complying with the requirements of the Vermont Statutes Annotated, as presently enacted or as hereinafter from time-to-time amended. Plats in mylar form shall have overall dimensions of 18” by 24” with two inches (2") outside of the borderlines on the left side for binding and a one-inch (1") margin outside the border along the remaining sides.
PRE-CONSTRUCTION GRADE. For the purpose of regulating height under this section, pre-construction grade shall be defined as the grade existing on property on the date of an application under the Colchester Development Regulations for any development approval (variance, conditional use approval, building permit, site plan approval), unless another grade has been established as the pre-construction grade pursuant to Section 2.13 Alteration of Existing Grade or Impervious Area below.
PRELIMINARY SUBDIVISION PLAT: The preliminary drawings for a major subdivision indicating the proposed layout of the subdivision to be submitted to the Board for its consideration.
PRINTING SHOP: An establishment rendering the services of photocopying, reproduction, or binding of printed materials to business services on a fee or contract basis in which the majority of business conducted on premise is not related to walk-in customers. Accessory retail for walk-in customers is not customary.
PRIVATE ROAD: Any road which is not a duly accepted public road.
PROFESSIONAL OCCUPATIONS: Any recognized professional licenses by the State of Vermont, including but not limited to doctor, dentist, lawyer, engineer, certified public accountant, real estate appraiser, architect, chiropractor and similar professions excluding veterinarians and personal services such as barbers, hairdressers and the like.
PROMOTIONAL SIGN: shall mean any freestanding sign designed in such a fashion as to permit a change of the information thereon so that such sign conveys to the public updated information concerning sales, prices, new products, etc.
PROJECTING SIGN: means any wall sign attached to a building or other structure and extending in whole or in part more than nine (9) inches from any portion of the structure’s façade. This definition also includes perpendicular signs.
PUBLIC HEARING - Any meeting held by the Development Review Board, Planning Commission, or the Colchester legislative body with public notice.
PUBLIC NOTICE - Means the form of notice prescribed by 24 V.S.A. 4303(21).
PUBLIC UTILITY: Any person, entity, firm or corporation, municipal department, board or commission, duly authorized to furnish and furnishing under Federal, State or Municipal Regulations to the public, gas, steam, electricity, sewage disposal, communications, telegraph, or water.
PUBLIC WATER: Lake Champlain, Lamoille River, Winooski River and Colchester Pond.
RACE TRACK: A course for racing machines including but not limited to automobiles and motorcycles.
READER BOARD: means a sign designed for messages or as a directory, to be viewed primarily by pedestrians, and not used primarily for the purpose of advertising commercial goods, products or services.
RECREATIONAL AMENITY, ACTIVE: means a structured recreation opportunity that involves facilities such as courts, fields, playground, or other structures for organized sports such as but not limited to soccer, baseball, lacrosse, basketball, pickleball, tennis, or volleyball fields / courts.
RECREATIONAL AMENITY, INFORMAL: means non-motorized outdoor recreation that is characterized by minimal infrastructure or services and results in minimal environmental impact. Informal recreational amenities include but are not limited to walking paths, mountain bike trails, horseback riding trails, picnic areas, wildlife viewing areas, or community gardens.
RECREATIONAL FACILITY, PRIVATE: A privately owned establishment for the conduct of sports and leisure-activities primarily outside enclosed buildings including but not limited to golf courses and associated club houses, country clubs, paint-ball, tennis courts, basketball courts, skating rinks, and other similar uses for fee or through membership. This use excludes marinas, horseback riding stables and arenas, racetracks, outdoor markets, drive-in theaters, and recreational facilities constructed as a requirement of planned residential developments.
RECREATIONAL FACILITY, PUBLIC: A lot or establishment owned by a municipality, state or federal government designed and equipped for the conduct of sports and leisure-activities primarily outside enclosed buildings either for free or for fee. This facility includes golf courses and associated club houses, country clubs, paint-ball, tennis courts, basketball courts, skating rinks, and other similar uses. This use excludes marinas, horseback riding stables and arenas, racetracks, outdoor markets, and drive-in theaters. This use excludes recreational facilities constructed as a requirement of planned residential developments or a school.
RECREATIONAL VEHICLE: A vehicle without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including travel trailers, truck campers, camping trailers and self-propelled motor homes. This definition shall include all such recreational vehicles as defined by 44 CFR 59.1.
REFLECTORIZED: shall mean any material that reflects light back toward its source in an intensity many times greater than would be reflected by a white painted surface. These materials include but are not limited to: reflective sheeting, glass beads and glass or plastic reflectors.
RELIGIOUS USE: An establishment where worship services, ceremonies, rituals, and education activities related to a particular system of beliefs are held. A religious building may have an associated residence and accessory office space. This use does not include school uses.
RENTAL FACILITY: An establishment engaged in renting or leasing of merchandise stored on the premise. General merchandise rental is customarily the rental of retail goods such as videos, DVDs, furniture, and sporting equipment. General merchandise rental customarily does not have outside storage. Equipment rental is the rental of small and large equipment where outside storage is customary. Automotive rental is the rental of automobiles where outside storage is customary.
RESIDENTIAL CARE HOME: An establishment operated under state licensing or registration and as defined in 33 V.S.A Section 7102 and serving not more than eight (8) persons who have a handicap or disability as defined in 9 V.S.A Section 4501. A residential care home shall not be located within 1,000 feet of another residential care home. This establishment is typically located in a single-unit dwelling, which provides for profit or otherwise, room, board and personal care to residents unrelated to the principal resident (operator) of the premises.
RESIDUAL LAND: A lot or lots, or portion(s) thereof, that is not designated for development, but that contributes to the total land area used for the purpose of meeting the density requirements of a particular Zoning District.
RESTAURANT, SHORT-ORDER: An establishment offering the sale of a limited line of specialized, pre-prepared or rapidly prepared foods or beverages directly to the customer in a ready-to consume form and whose operation is characterized by (A) service of food or beverage principally in containers or in paper, plastic or other disposable containers or wrappers, (B) availability of food or beverages for consumption immediately or within a brief period after ordering, or (C) insufficient seating facilities within the restaurant building for the total volume of food sold. Short-order restaurants may also include catering, food delivery services and shall include bakeries and delicatessens. Short-order restaurants customarily have carry-out and delivery service. This establishment may sell alcohol by the drink for consumption on premise.
RESTAURANT, STANDARD: An establishment offering the sale of foods or beverages for consumption within the restaurant building and whose operation is characterized by service by a restaurant employee at the same table or counter at which food or beverage is to be consumed. Standard restaurants shall have no substantial (most of the business’s proceeds or intended function) carry-out, no substantial delivery service, and no drive-up service. This establishment may sell alcohol by the drink for consumption on premise.
RESTORATION: The replication or reconstruction of a structure’s original architectural features.
RETAIL SALES: An establishment engaged in selling goods or merchandise to the general public at retail and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a retail food establishment as an accessory use located entirely within the principal structure and with no dedicated exterior entrance of its own.
RETAIL FOOD ESTABLISHMENT: An establishment which by design of physical facilities or by service and packaging procedures permits or encourages the purchase of prepared foods intended primarily to be prepared and consumed off the premises. A short-order restaurant with up to eight (8) seats may be an accessory use.
ROAD-SIDE STAND: A retail establishment accessory to an agricultural or horticultural operation for the sale of produce grown on the premise.
ROOF SIGN: shall mean any sign or portion thereof, erected in any way upon a structure which extends above any portion of the roof of the structure.
SALVAGE YARDS: An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A “Salvage Yard” includes automobile wrecking yards and includes any area of more than 200-sq. ft. for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings. Salvage yards include junkyards and automobile graveyards. This is a use that customarily requires periphery screening.
SCHOOL, COLLEGE: An establishment for college or university education or instruction in a branch of knowledge. The school may be public, private, or parochial. A college is a school that meets the state standards and requirements for colleges and universities. A college customarily has dormitories and associated athletic fields.
SCHOOL, ELEMENTARY & SECONDARY: An establishment for elementary or secondary education or instruction in a branch of knowledge. The school may be public, private, or parochial. Elementary schools are any schools that meet state standards and requirements for elementary education. Secondary schools are any schools that meet state standards and requirements for secondary education. Such use shall not include vocational or trade school; these are termed trade schools.
SCHOOL, TRADE: An establishment primarily engaged in providing instruction however excluding colleges, primary and secondary schools. Such instruction may be in any branch of knowledge and may include business schools, trade schools, vocational schools, drivers’ education, and schools of dance, gymnastics, martial arts, and similar pursuits.
SCOREBOARD: shall mean a sign that is primarily intended to display the score of a game or match located in, on or near an athletic field or court so as to be visible to spectators and participants, and shall not be interpreted to include signs displayed on, affixed to or supported by a scoreboard that are not oriented towards the field or court.
SEMI-CUTOFF FIXTURE: An exterior light fixtures with an intensity at 80 degrees from nadir that does not exceed 200 candela per 1000 lamp lumens, nor at 90 degrees from nadir does intensity exceed 50 candela per 1000 lamp lumens.
SETBACK: The distance required to meet the front, side or rear yard open space provisions of this Regulation.
SEWAGE DISPOSAL SYSTEMS, CROSS-DISTRICT: A sewage disposal system located in a zoning district, which serves a use, located in a different zoning district.
SHOPPING CENTER (WITHOUT DRIVE-UP): A lot or lots containing a group of two (2) or more general merchandise, retail establishments, standard restaurant, short-order restaurant no drive-up, a retail food establishment, general office, or general services uses of any size having a unified design of buildings, coordinated parking and service areas, and development plan in accordance with the requirements of the zoning district in which it is located, and where customer and employee parking are provided on-site. The shopping center shall be planned, constructed, and developed and/or managed as a unified entity.
SHOPPING CENTER WITH DRIVE-UP: A lot or lots of 1.5 acres or more containing a group of two (2) or more general merchandise, retail establishments, standard restaurant, short-order restaurant, a retail food establishment, general office, or general services uses of any size having a unified design of buildings, coordinated parking and service areas, and development plan in accordance with the requirements of the zoning district in which it is located, and where customer and employee parking are provided on-site. The shopping center shall be planned, constructed, and developed and/or managed as a unified entity. The shopping center may have one drive-up facility per center for retail, restaurant, or general services.
SHORELAND: A strip of land around Lake Champlain and Colchester Pond and adjacent to the Winooski and Lamoille Rivers extending inland to a line 500 ft. from and running parallel to the normal mean water mark herein called the shoreline.
SHORELINE: The line marked as the line by the mean water level with those lands adjacent to Lake Champlain, Colchester Pond, and the Winooski and Lamoille Rivers. Measurements required to be made from the shoreline shall be made from the mean watermark.
SIGN: shall mean and include every sign, billboard, bulletin-board, freestanding sign, wall sign, window sign, roof sign, illuminated sign and projecting sign, and shall include any letter, word, number, model, mural decoration, banner, flag, pennant, clock, thermometer, insignia, light or combination of lights or other visual display, used or placed as an announcement or declaration to identify, advertise or promote the interest of any person when the same is placed where it may be viewed by the general public from outside the structure on which the sign is placed.
SIGNABLE WALL AREA: shall mean the area of wall on the front or principal facade of the building. In the case of multiple occupancy buildings, only the front of the particular section of building occupied by the applicant shall be considered in determining signable wall area.
SILVICULTURAL OPERATIONS: The development and/or maintenance of a forest or wooded preserve, including the harvesting of trees. This definition is for the harvesting of more than 100 trees 3 inches or greater in diameter as measured 4.5 feet above the ground and/or effecting more than one (1) acre in any one (1) year period. Excluded from silvicultural operations is site development approved as part of a site plan or subdivision.
SKETCH PLAN - An informal sketch of the proposed subdivision, the purpose of which is to enable the sub-divider to save time and expense in reaching general agreement with the Development Review Board as to the form of subdivision and objectives and requirements of these Regulations.
SLAUGHTER HOUSE: An establishment where animals are butchered.
SOCIAL CLUB: An establishment for the gathering or meeting of a group of people organized for a common purpose to pursue common goals, interests, or activities, usually for social, recreational, or educational purposes. Such association or organization is usually characterized by certain formal membership qualifications, payment of fees or dues, regular meetings, and a constitution and /or by-laws. Such associations or organizations may also be known as clubs, civic, social, fraternal organizations, trade associations, professional organizations, unions, political organizations, and religious organizations, and may include such groups as local civic clubs and associations or local chapters of national associations, and fraternal organizations. The building or facility may have accessory uses such as recreational facilities or banquet facilities but not including the sale of goods and services to the public on the premises on a regular basis or commercial outdoor recreational or entertainment activities. Associations or organizations shall not include establishments operated for pecuniary gain, such as tennis or health clubs.
SPECIAL FLOOD HAZARD AREA: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated a Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map (FIRM), Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/AI-30, AR/AE, AR/AO, AR/AH, AR/A, VO or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.
STABLE, HORSE: An establishment offering boarding, breeding, and other related services for five or more horses. This use customarily includes barns, arenas, trails, paddocks, courses, and accessory storage.
STADIUM: See Coliseum.
START OF CONSTRUCTION: for purposes of floodplain management determines the effective map or bylaw that regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless whether that alteration affects the external dimensions of the building. This definition shall only pertain to Section 6.03, Flood Plain District, herein.
STORY: That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one (1) finished floor and the level of the next higher finished floor, or; if there be no higher finished floor, then the part of the building comprised between the level of the highest finished floor and the top of the roof beams. (See Appendix B Diagram).
STORY HALF: Any space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven (7) ft. six (6) inches or more. (See Appendix B Diagram).
STREET: Any road, highway, avenue, street, parkway, lane or other way between right of way lines, commonly used by the public for vehicular traffic.
STREET, MINOR: Those private and public streets not included as Arterial or Collector Highways.
STRUCTURE: Any construction, erection, assemblage or other combination of materials upon the land, including but not limited to, buildings, mobile homes, swimming pools, tennis courts, antennas, satellite dishes not exceeding 3 feet in diameter, gas/liquid storage tanks, utility sheds, trailers, billboards, signs, walls or fences over four feet in height, or fences and walls opaque in nature. A structure may be erected for use, occupancy, or ornamentation, and the use of which requires permanent or temporary location on, above, or below the surface of the ground. By definition, all buildings are structures, but not all structures are buildings. All patios, driveways, sidewalks, and parking lots shall be considered structures and require permits.
STRUCTURE, TEMPORARY: A structure without any foundations or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Tents larger than 150 square feet are specifically included within this definition. All temporary structures to remain over ten (10) consecutive days shall require a building permit as well as any other applicable permits.
STUDIO, RADIO & TELEVISION: A broadcasting facility for radio and / or television with accessory office space. A studio does not include towers, antennas, and dishes associated with transmitting station signals.
SUBDIVIDER: Any person, firm, corporation, partnership, or association, who shall layout for the purpose of sale or development any subdivision or part thereof as defined herein. The term shall include an applicant for subdivision approval.
SUBDIVISION:
SUBDIVISION, MAJOR: Any residential subdivision containing five (5) or more lots or units, any non-residential subdivision, or any subdivision requiring any installation of new streets, or the extension of municipal facilities.
SUBDIVISION, MINOR: Any residential subdivision containing less than five (5) lots or units which does not require a new public street or the extension of municipal facilities.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. This definition shall only pertain to Section 6.03, Flood Plain District, herein.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, alteration or other improvement of a structure, during any 5 year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specification which have been identified by the state or local code enforcement official and which are the minimum necessary to ensure safe conditions, or any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. This definition shall only pertain to Section 6.03, Flood Plain District, herein.
SUPERMARKET OR GROCERY STORE: See retail food establishment.
TELECOMMUNICATIONS ADEQUATE CAPACITY: Capacity is considered to be “adequate” if the grade of service is p.05 or better for a least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the telecommunications facility in question, where the call blocking is due to frequency contention at the antenna(s).
TELECOMMUNICATIONS ADEQUATE COVERAGE: Coverage is “adequate” within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the case of cellular communications in a rural environment, this would be signal strength of at least ‑90dBm. It is acceptable for there to be holes within the area of adequate coverage as long as the signal regains its strength further away from the base station. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain.
TELECOMMUNICATIONS ALTERNATIVE DESIGN TOWER STRUCTURE: Artificial trees, clock towers, bell steeples, light poles, silos and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (See also: Telecommunication Stealth Facility.)
TELECOMMUNICATIONS ANTENNA: A device which is attached to a tower or other structure for transmitting and receiving electromagnetic waves.
TELECOMMUNICATIONS ANTENNA HEIGHT: The vertical distance measured from the base of the antenna support structure at the average preconstruction grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
TELECOMMUNICATIONS AVAILABLE SPACE: The space on a tower or structure to which antennas of a telecommunications provider are both structurally able and electromagnetically able to be attached.
TELECOMMUNICATIONS BASE STATION: The primary sending and receiving site in a telecommunications facility network. More than one base station and/or more than one variety of telecommunications providers can be located on a single tower or structure.
TELECOMMUNICATIONS CELLULAR SERVICE: A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.
TELECOMMUNICATIONS CELLULAR TELECOMMUNICATIONS: A commercial Low Power Mobile Radio Service bandwidth licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
TELECOMMUNICATIONS CELLULAR TELECOMMUNICATIONS FACILITY: A cellular telecommunications facility consists of the equipment and structures at a particular site involved in receiving telecommunication or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
TELECOMMUNICATIONS CHANNEL: The segment of the radiation spectrum to or from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
TELECOMMUNICATIONS COLLOCATION: Locating wireless communications equipment from more than one provider on a single site.
TELECOMMUNICATIONS COMMUNICATION TOWER: A guyed, monopole, or self-supporting vertical structure, constructed as a free standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.
TELECOMMUNICATIONS COMMERCIAL SATELLITE DISH: A satellite dish over three feet in diameter used for a communications transmission system.
TELECOMMUNICATIONS DIRECTIONAL ANTENNA: An antenna or array of antennas designed to concentrate a radio signal in a particular area.
TELECOMMUNICATIONS ELECTROMAGNETICALLY ABLE: The determination that the signal from and to the proposed new antenna will not significantly interfere with the existing signals from and to other facilities or antennas located on the same tower or structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.
TELECOMMUNICATIONS FACILITY: All equipment (including repeaters) and locations of equipment with which a telecommunications provider transmits and receives the waves which carry their services regardless of height. This facility may be sited on one or more towers or structure(s) owned and permitted by the provider or another owner or entity.
TELECOMMUNICATIONS FREQUENCY: The number of cycles completed each second by an electromagnetic wave measured in Hertz (Hz).
TELECOMMUNICATIONS MONITORING: The measurement, by the use of instruments in the field, of non-ionizing radiation exposure from telecommunications facilities, towers, antennas or repeaters.
TELECOMMUNICATIONS MONITORING PROTOCOL: The testing protocol, such as the Cobbs Protocol (or one substantially similar, including compliance determined in accordance with the National Council on Radiation Protection and Measurements, Reports 86 and 119), which is to be used to monitor the emissions and determine exposure risk from telecommunications facilities.
TELECOMMUNICATIONS MONOPOLE: A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations.
TELECOMMUNICATIONS PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless exchange access services. These services include cellular services, personal communications services, specialized mobile radio services, and paging services.
TELECOMMUNICATIONS REPEATER: A small receiver/relay transmitter and antenna of relatively low power output designed to provide service to areas which are not able to receive adequate coverage directly from a base or primary station.
TELECOMMUNICATIONS STEALTH FACILITY: Any communications facility which is designed to blend into the surrounding environment. Examples include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles.
TELECOMMUNICATIONS STRUCTURALLY ABLE: The determination that a tower or structure is capable of carrying the load imposed by the proposed new antennas under all reasonable predictable conditions as determined by professional structural engineering analysis.
TELECOMMUNICATIONS SYSTEM: The communications transmission system operated by a telecommunications service provider in the municipality or region.
TELECOMMUNICATIONS TEMPORARY WIRELESS COMMUNICATION FACILITY: Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under construction, or for a special event or conference where a majority of people attending are wireless users.
TELECOMMUNICATIONS VIEW CORRIDOR: A three-dimensional area extending out from a viewpoint. The width of the view corridor depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the view corridor extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
TELECOMMUNICATIONS WHIP ANTENNA: A vertical antenna that normally transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape, narrow (less than 6 inches in diameter) and long (often measure 18 inches in height or more). Also called omnidirectional, stick or pipe antennas.
TEMPORARY SIGN: shall mean any sign erected for a limited period of time.
THEATER: An establishment for dramatic, dance, musical, or other live performances.
TITLE BLOCK, SUBDIVISION: All plats that have received final approval from the Development Review Board shall incorporate the following:
“Approved by Resolution of the Development Review Board of the Town of Colchester, Vermont on the _____ day of ___________________, 20_____, subject to the requirements and conditions of said Resolution. Signed this ________day of ________________, 20_____, by ____________________, Chairman or Clerk.”
TOWER: A structure on which transmitting and/or receiving antenna (e) are located. Such antenna (e) may be used for commercial, industrial, municipal, county or state telecommunication purposes. Such structure may be a purpose-built free-standing tower, guyed tower, monopole, camouflaged or “stealth” design tower, a roof with mounted antenna (e), or any building façade of steeple, water tower, silo, sign, or other similar structure.
TOWN HALL: An establishment used for municipal services such as general office space, meeting facilities, and related storage.
TOWNHOUSE: An attached housing type, sometimes referred to as a rowhouse, in which 3-6 relatively narrow dwelling units, each separated by a common dividing wall, form a single row of housing that fronts on the street, common space, or shared courtyard. Each townhouse unit has a separate entrance, front and rear yard. This housing type typically shares a uniform plane and architectural elements, but may also incorporate some variation between individual units. Townhouses shall be considered multi-unit dwellings as defined herein.
TRAIN STATION: An establishment primarily engaged in furnishing passenger train transportation. A train station is customarily a fully enclosed structure. A train station may include accessory retail.
TRAIN YARD: A lot, establishment, or area engaged primarily in freight train service, unloading, loading, storage, repair, and maintenance. This use customarily does not have structures. An area with more than two track lines running through it that is not a train station, as herein defined, shall be considered a train yard.
TRANSFER STATION: An intermediate destination for solid waste or recyclable materials. Solid waste or recyclable materials shall not be stored on site for more than one month. Walk-in and delivery services are customary. This use shall include drop-off recycling terminals.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) ft.
USE, ACCESSORY: A use which is incidental to, customarily found in connection with, and located on the same lot as, the principal use to which it is related. When “accessory” is used in this text, it shall have the same meaning as accessory use. An accessory use includes, but is not limited to, the following:
USE, PRINCIPAL: A use listed in the Table of Permissible Uses.
VARIANCE: An allowed deviation from specific requirements pertaining to a district granted by the Development Review Board to an applicant pursuant to 24 V.S.A. Section 4469.
VETERINARY CLINIC: An establishment where animals are given medical care and the boarding of animals is limited to short-term care incidental to the medical care received. A veterinary clinic customarily has outside amenities such as dog runs and paddocks for large animals such as horses, cows, llamas, etc.
VICINITY MAP - A detailed map which shows, within a prescribed area, the relation of the proposed development or subdivision to adjacent properties and the surrounding area, indicating curb cuts, property and building lines, streets, easements, etc.
VIOLATION: The failure of a structure or other development to be fully compliant with these regulations herein. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided. This definition shall only pertain to Section 6.03, Flood Plain District, herein.
WALL SIGN: shall mean a sign attached to, painted on, or erected against the wall of a building or structure including any interior wall whether attached to windows or otherwise which is placed in view of the general public from outside the structure. A wall sign shall not include signs that project from the wall in excess of nine (9) inches.
WALL: shall mean the surface area of any façade of any side or face of a building, or portion thereof.
WAREHOUSING: The indoor storage of goods, materials, and merchandise for shipment to or processing on another property. Warehousing shall exclude distribution and truck terminal facilities. No outside storage is allowed.
WET BAR: A counter top area with a sink and/or sometimes containing a dishwasher or under counter fridge. A wet bar does not contain a heating element for food such as a range, oven, burner, microwave, or toaster oven.
WHOLESALE SALES: An establishment engaged in selling goods, products, material, and merchandise stored on the premises to retailers or persons who are the intermediaries between the producer and the consumer; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WIND TURBINE: A device which converts the kinetic energy of the wind into a useable form of electrical energy. Wind turbines shall also include all accessory structures required for the function thereof.
WINDOW SIGN: shall mean a wall sign attached to, painted on, or erected on the interior of a window with the exposed face of the sign in a plane parallel to the face of said window, including any stand, shelving, counter or other structure which is placed in view of the general public from outside the structure.
YARD: The open spaces on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this regulation and as defined herein (See also Appendix B Diagrams):